RAMADASU JIYYANNA ALIAS JIYYANNA RAO Vs. GOVT. OF A.P. HOUSING AND MUNICIPAL DEPT. AND OTHERS
HIGH COURT OF ANDHRA PRADESH
Ramadasu Jiyyanna Alias Jiyyanna Rao
Govt. Of A.P. Housing And Municipal Dept. And Others
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GOPAL RAO EKBOTE,J. -
(1.) This writ petition has come to us on a reference made by our learned brother K. Ramchandra Rao, J. by his order dated 18-8-1971. The argument before the learned judge was that the expression" Municipality" has not been defined in the Andhra Pradesh Buildings (Lease and Rent Control) Act. 1960 and therefore that term cannot be taken as referable to a Municipality constituted under the District Municipalities Act. In view of the importance of the question raised, the learned judge thought that the matter be posted before a Bench and that is how the case came before us.
(2.) The facts as well as the law lie in a narrow compass. The petitioner is a tenant of the building bearing T.S. No. 1029 situated within the Municipal limits of Eluru Municipality, West Godavari district. He took on lease the upstairs portion of the building in 1955 and is running a business of photo studio in the the said premises.
(3.) Respondent 3 to 6 purchased the said building under the registered sale deed dated 18-5-1959. The said purchasers filed a petition O.P. No. 43 of 1968 on the file of the Rent Controller (District Munsiff), Eluru for eviction under section 10 of the Act. The ground on which the eviction of the tenant was sought by the landlords was that they bona fide require the building for their own purpose. The Rent Controller after a proper enquiry ordered the petitioner to be evicted from the premises.;
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